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ror; but that his Majesty declined taking any decision with regard to it, before it had been submitted to a council of commerce. Unfortunately, this council did not meet before the departure of the emperor for Cherbourg; and during his absence, and the festivals which succeeded it, there was no assemblage of this body.

66

Immediately on receiving the communication of the Duke of Bassano, of the 4th of May, I addressed him a note [No. 4] concerning the brig Good Intent, detained at St. Andero. Although this vessel had in fact been captured, yet, from the peculiar circumstances of the case, I hoped that she would be placed on the same footing as those which had been admitted. The answer [No. 5] which was returned by the Duke of Bassano, dated the 25th and received the 28th, announced to me, however, that this affair must be carried before the council of prizes. Wishing to rescue this case from this inauspicious mode of proceeding, I again addressed him in relation to it, in a note [No. 6] on the 2d of June. If I could not obtain at once the restoration of this vessel, it was desirable, at least, that she should be admitted to the benefit of the general measure, which I insinuated might be taken in favor of the captured class mentioned in my note of the 11th of May.

"As in this note I have stated the case of The Good Intent to be analogous to those of The Hare and The John, it may be proper to explain to you both the points of resemblance and diversity, in order to reconcile this [*79] note with my declaration, that no captured vessel was on the list

of the 4th of May. The cases agree in the destination to places under the authority of France, and in the arrestation by launches in the service of the French government; they differ in The Hare and John having already, before they were taken, arrived at the port, and within the territorial jurisdiction of the country to which they were bound, and The Good Intent having been taken without such jurisdiction, and conducted to a port to which she was not destined. The taking possession of The Hare and The John may be considered, then, as a seizure in port, and that of The Good Intent as a capture on the high seas.

"On perceiving that the schooner Friendship was not named in the list of admitted vessels, I caused inquiry to be made at the custom-house concerning the cause of this omission. It was stated that her papers had been mislaid, but that search was making for them, and that, when found, a report would immediately be made. I waited for this report until the 18th of May; but finding it had not been made, I conceived it might be useful, in order to acce. lerate it, and to render complete the admission of the entire class to which this case belonged, to attract towards The Friendship the attention of the minister of foreign relations. With this view, I presented to him my note [No. 7] of

that date.

66

Having reflected much on the condition attached to the admission of the American cargoes, to export two thirds of the proceeds in silks, and being persuaded that the tendency of this restriction, added to the dangers of a vigilant blockade, and to the exactions of excessive tariff, was to annihilate all commercial intercourse between the two countries, I believed it would not be improper for me to offer to this government a few remarks on the subject. This I was

the more inclined to do, as it was to be apprehended that this condition was not imposed as an expedient, for temporary purposes only, but that it was intended to be continued as the essential part of a permanent system. In a note, therefore, of the 10th of June, [No. 8,] I suggested to the Duke of Bassano the evils which might be expected naturally to result from the operation of this restriction on exports. It is indeed apparent, that a trade that has to run the gauntlet of a British blockade, and is crushed with extravagant duties inwards, and shackled with this singular restriction outwards, cannot continue.

"On the 14th of June, Mr. Hamilton, of The John Adams, reached Paris, and informed me that this vessel had arrived at Cherbourg. Unwilling to close my despatches by her, without being able to communicate something of a more definite and satisfactory character than any thing which had hitherto transpired, I immediately called at the office of foreign relations, but the minister being. at St. Cloud, I was obliged to postpone the interview which I sought until the Tuesday following. At this interview I stated to him the arrival of the frigate, and my solicitude to transmit by her to the United States some act of his government, justifying the expectation with which the important law which she had brought hither had undoubtedly been passed. I urged particularly a reply to my note of the 11th of May, relative to the captured vessels, and observed, that although the mere pecuniary value of this property might not be great, yet in a political point of view its immediate liberation was of the utmost consequence. I intimated to him, at the same time, that my anxiety was such to communicate, by The John Adams, a decision on these captures to the American government, that I should detain this vessel until I had received it. He replied, that his sentiments accorded perfectly with mine in this matter, and ascribed the delay which had taken place to the same causes as I have assigned. He assured me, however, that he would immediately occupy himself again with this business, and, unless a council of commerce should be holden within a few days, he would make a special report to the emperor, and endeavor to obtain a decision from him in person. He approved my intention of detaining the frigate, and engaged to do whatever might depend on him, to enable me to despatch her with satisfaction. He added, that he had already made inquiries of the competent authorities concerning The Good Intent and The Friendship, and that when their reports should be received, he would do whatever the circumstances of the cases might warrant.

"I now suggested to him the evils which resulted to our commercial intercourse with France, from the great uncertainty which attended it, owing to the total want on their * part of clear and general regula- [* 80] tions. After making a few observations in explanation of this remark,

I requested to know if he would have any communication to make to me on the subject previous to the sailing of The John Adams. I was led to make this inquiry from information which I had indirectly obtained, that several resolutions for the regulation of our trade had been definitively decreed. He replied, that no such communication would be made here, but that Mr. Serrurier would be fully instructed on this head. The resolutions just mentioned, as far as I have learnt, are to admit the produce of the United States (except sugar) without special permits or licenses; to admit coffee, sugar, and other

colonial produce, with such permits or licenses, and to prohibit every thing arriving from Great Britain, or places under her control.

"He again mentioned the discovery of the regulation of the year twelve, authorizing the certificates of origin for French ports only, or for ports in possession of the French armies; but declared that after the most thorough examination of the archives of his department, no document or record had been found permitting these certificates to be granted for the ports of neutral or allied powers. He again, however, professed a favorable disposition towards our negotiations in Denmark, and said, "Le succès de la mission de Mons. Erving s'accorderait parfaitement avec nos sentimens, et ne contrarierait nullement notre politique.'

"With the view above stated, I detained The John Adams until the 9th inst.; I had from time to time, in the meanwhile, informed myself of the proceedings with regard to the captured vessels, and ascertained that in fact the Duke of Bassano had made a report in relation to them. The emperor, it ap pears, however, still wished for the decision of his council of commerce, and the report was laid before them on the 1st of this month, being the first time they had assembled since the date of my letter of the 11th of May. I waited in daily expectation of hearing the result of their deliberations until the 9th instant, when conceiving sufficient time had been allowed for receiving it, and not feeling perfectly at my ease under the resposibility I was incurring for the unauthorized detention of The John Adams, I determined to learn from the Duke of Bassano in person what I might reasonably expect in the matter. I accordingly procured an interview with him on the day last mentioned. I reminded him of what had passed at our conference on the 18th ultimo, and told him, that in consequence thereof I had kept the ship; but that I could not with propriety detain her longer, without the evident prospect of obtaining from the French government the release of the captured vessels. He expressed a conviction of the justness of my observations, and assured me that he was in hourly expectation of receiving a decision on the captured cases, and hoped that The John Adams might not be permitted to return without it. I thereupon consented to keep my despatches open till the 13th, assuring him that I could not take upon myself to protract the detention of The John Adams beyond that period.

"On the 13th, about one o'clock, I received a note from the Duke of Bassano, of which the inclosed [No. 9] is a copy. I waited upon him immediately, and was informed that The Two Brothers, The Good Intent, and The Star, three of the captured vessels, had been liberated. He added, that no unnecessary delay would be allowed in deciding upon the whole.

"I shall despatch Mr. Hamilton this day, and I shall send with him a messenger to be landed on the other side, who will carry to Mr. Smith an account [No. 10] of what has been done here, to be used by him as he shall judge proper."

X.

Translation of a Letter from General Turreau to the Secretary of State, dated

November 14, 1810.

SIR, Although you may have been already informed, through another official channel, of the repeal of the decrees of Berlin and Milan, it is agreeable to me to have to confirm to you this new liberal dispo- [81] sition of my court towards the government of the States of the Union.

You will recollect, without doubt, sir, that these decrees were adopted in retaliation for the multiplied measures of England against the rights of neutrals, and especially against those of the United States; and after this new proof of deference to the wishes of your government, his Majesty, the emperor, has room to believe, that it will make new efforts to withdraw the American commerce from the yoke which the prohibitory acts of Great Britain have imposed upon it. You will at the same time observe, sir, that the clearly expressed intention of my government is, that the renewal of commercial intercourse between France and the United States cannot alter the system of exclusion adopted by all Europe against all the products of the soil or of the manufactures of England or her colonies a system the wisdom and advantage of which are already proved by its developement and its success; and of which, also, the United States, as an agricultural and commercial power, have a particular interest in aiding and hastening the completion. Moreover, sir, this measure of my government, and those which yours may think proper to adopt, will prove the inutility of the efforts of the common enemy to break the ties of friendship which a humane and generous policy has necessarily formed between France and the United States, and which the actual crisis ought to draw closer. We ought hereafter, sir, to hope, or rather we may be assured, that new relations, still more close and more friendly, are about to be formed between Americans and Frenchmen, and that these two people will be more than ever convinced that their glory, their interest, and their happiness, must eternally consecrate the principle and the conservation of these relations.

I seize with eagerness this occasion, sir, of renewing to you the assurance of my high consideration.

(Signed)

.31.

TURREAU.

INDEX.

The references in this index are to the marginal paging.

A.

Page

45-49

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313

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Agency, Question of, sum allowed by registrar and merchants increased
Admiralty Court, constitution of
Appendix. A, contains order in council, 19th November, 1806, respecting
trade to St. Domingo. — B, instruction, 11th February, 1807, relat-
ing to ships cleared out for Buenos Ayres.- C, order 15th July,
1807, respecting trade to St. Domingo. - D, judgment of Sir W.
Grant, in the Court of Appeal, in the case of The Pelican. - Or-
der of 7th January, 1807, restricting trade with enemies' ports. —
Order, 11th November, 1807.- French decrees, 21st November,
1806, and 26th December, 1807.- Spanish decree, 19th February,
1807. Order, 21st September, 1808, directing restitution of Por-
tuguese property.— Order, 11th November, 1807, prohibiting the
sale of enemies' ships. — E, statement of the case of The Paisley.
-F, order respecting cessation of hostilities with Spain. — G,
order, 4th May, 1808, respecting blockade of Copenhagen. — H,
order, 26th April, 1809.— K, order, 17th May, 1809.- Letters
translated in the case of The Rapid.- Order, 31st May, 1809,
respecting trade to Heligoland. - Papers invoked from The Caro-
line.-French decrees. - L, order, 2d May, 1810, respecting fish-
ing vessels.-N, extract from Cadiz Gazette. - O, letter from
Mr. Hamilton to the king's proctor, &c. Letter from Mr. Russell
to Lord Castlereagh, with the decree purporting to repeal Berlin
and Milan decrees. -P, message to the Conservative Senate,
March 10.-Q, British declaration, 23d June, 1812.- R, letter
from Mr. Russell to the Duke of Bassano.-S, from Mr. Russell to
the American secretary of state. -T, from Mr. Russell to Mr.
Pinckney.-V, from Mr. Russell to the secretary of state. — U,
affidavit of Mr. Russell, &c.— W, extract of a letter from Mr. Rus-
sell to the American secretary. — X, letter from General Turreau
to the secretary of state.

B.

Bail Bond. Party appearing for the master, on obtaining Letters of Marque,

binds himself

85

85

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